DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Defence Pty Ltd
(AG2015/3097)

BAE SYSTEMS AUSTRALIA - WILLIAMSTOWN SUPERVISOR AGREEMENT - 2015-2017

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 14 JULY 2015

Application for approval of the BAE Systems Australia - Williamstown Supervisor Agreement - 2015-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the BAE Systems Australia - Williamstown Supervisor Agreement - 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAE Systems Australia Defence Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2015. The nominal expiry date of the Agreement is 18 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the BAE Systems Australia - Williamstown Supervisor Agreement 2015-2017 was brought before the Fair Work Commission. The applicant, BAE Systems Australia Defence Pty Ltd, sought approval for an enterprise agreement which would govern the employment conditions of its employees at the Williamstown site. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its fairness and compliance with procedural requirements.

The legal issues that the Commission was required to decide included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act. This involved examining whether the necessary bargaining processes were followed, whether the agreement had been made free from any improper influence or coercion, and whether the agreement met the 'better off overall test' which ensures that no employee is worse off under the new agreement compared to their previous conditions. Additionally, the Commission needed to assess if the agreement contained all the mandatory terms prescribed by the Act.

In delivering its decision, the Fair Work Commission found that the application met all the necessary criteria. The Commission was satisfied that the agreement had been made through proper bargaining processes, free from any undue influence or coercion. It also determined that the agreement satisfied the better off overall test and contained all the mandatory terms. Consequently, the Commission approved the BAE Systems Australia - Williamstown Supervisor Agreement 2015-2017, deeming it to be compliant with the provisions of the Fair Work Act.

The final orders of the Commission included the approval of the agreement, which would now be applicable to the employees at the Williamstown site, governing their employment conditions for the period specified in the agreement.

BAE Systems Australia Defence Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established